Charge Fees as an Entertainment and Modelling Agency
Agents should be a part of the PMA (The Personal Managers Association), but not compulsory.
All agencies must follow two pieces of legislation by law, the Employment Agencies Act 1973 (EAA) and the Conduct of Employment Agencies and Employment Business Regulations 2003 (Conduct Regulations).
These regulations are are enforced by the EAS (The Employment Agencies Standards Inspectors), which responds to complaints as well as undertaking proactive operations.
If an agency breaches, and fails to comply with the EAS, the regulations penalties could include an unlimited fine and/or a prohibited order.
In the case of unions; all union regulations are industry standards. If agreements are stated as non-union contracts, or if the performer is not a member of the union, then industry unions may not have the authority to regulate that agreement for the individual.
The information below is the governed law of the land for agencies within the U.K. If these terms are not adhered to, in any scenario, then the performer is protected as this is common law by the government. If a breach of the law, presented below, is reported to the correct authorities the agencies can be penalised, in some instances banned from trading for a period of time, if found guilty.
You can charge fees as an entertainment and modelling agency for finding someone work.
The fees you charge depend on if the person is:
Workers, performers and models need to agree to your terms and conditions before you can charge fees.
Terms and conditions
Terms and conditions of your service and your fees must be agreed in writing (for example, in a contract) with the worker, performer or model.
These must include details of:
the work-finding services that you’ll provide them
any authority you have to act on behalf of them
any authorisations to receive any money on behalf of them
any fees or commissions you’ll charge for finding work
how your fee or commission will be paid
how any commissions or fees will be refunded
the length of time the worker, performer or model needs to give to end the contract
the length of time you need to give to end a worker, performer or models’s contract
Fees for performers and workers
You can’t charge fees or deduct money from an entertainment worker or performer’s earnings until they agree to your terms and conditions.
Creative's & Agent's cannot be the same
An individual cannot be both a Creative & Agent on the same project.
A performer cannot be asked to give a commission of their fee’s to a choreographer or creative director on the same job. This would be against Equity regulations and a break of industry standards.
No person can be both creative and agent on the same project. This includes roles such as; choreographer, director, creative director, producer.
The term protects against unfair choosing of talent and manipulation of those booked.
An agent's role is to submit talent for a project, they do not select the talent chosen. And a creative's role discovers the best talent for the project from those submitted by agents. They cannot submit and request agency commission from any talent upon the same project.
If any performer has had a commission of their fee’s taken by a creative upon the same project this can be reported and the result of reimbursement is possible.
U.K law states an agent’s fee must only be charged as a commission from earnings.
Agents cannot charge a fee to both the performer and the employer (aka double dipping) – it is breach of U.K law and illegal activity.
A proportion of entertainment and modelling agents differ from employment agents. Specifically when charging fees for their services;
· Most employment agents charge a fee, or commission, to employers advertising jobs when able to fill their vacancies.
· Entertainment and modelling agents, however, charge a fee or commission to the performer which they find work for, and not the employer or client hiring the performer.
Agencies cannot charge fees to both employers and workers. i.e charge the client an agency commission on top of the performers fee and then deduct an agency commission from the performers fees.
· This part of the regulations is to ensure that an agent only receives one fee/commission.
· Agents cannot request commission or any other payment for arranging a job from both the performer and your employer/client.
This fee is normally an agreed percentage of the amount to be paid by the performer to their agent as the agent has negotiated terms and arrangements on the performers behalf.
· Fees or commission usually ranges from 10% to 25% between a performer and agency for a job.
· The law and industry regulations include certain provisions relating to this fee, but they do not state what that percentage fee must be.
Promotional fees for performers and entertainment workers (not models)
You can only charge upfront fees for listing the worker or performer’s details in promotional publications or on websites to help them find work.
Promotional publication includes listing information in publications or on websites and photographs or audio or video recordings.
You must give the worker or performer a chance to see any copies.
Other fees or commission for finding work normally come out of the worker or performer’s earnings from the employment that you found.
Fees for promoting performers
You can only charge fees 30 days after the start of the contract (if there is a fee for promoting a performer).
In that 30-day period the performer can cancel or withdraw from the contract without penalty and won’t have to make any payment.
You need to show the performer any promotional photographs, audio or video before its published. They then have 7 days to object to anything being used.
You can’t charge the performer until the 7 days is over or you’ve dealt with any reasonable requirement from the performer, whichever is later.
You can charge fees for the following performers:
Fees for entertainment workers (except models)
If there is a fee for promoting a worker, you can only charge this 7 days after the start of the contract.
In that 7-day period:
the worker can cancel or withdraw from the contract without penalty
the worker doesn’t have to make any payment under the contract
the worker can say what information shouldn’t be included in the publication
This covers the following types of workers:
director or producer
lighting cameraman, camera operator
make up artist, clothes, hair or make up stylist
action arranger or co-ordinator, stunt arranger
costume or production designer
film continuity person
choreographer or theatre designer
Fees for fashion and photographic models
You can’t charge fees or deduct money from a model’s earnings until they agree to your terms and conditions.
You can’t charge any upfront fees for finding work for photographic and fashion models. This includes putting information about the models in a publication or website.
However, after you’ve found work for a model you can charge fees for:
including information about them in a publication or website
providing a service to find the model work (these fees must have been agreed with the model before you started looking for work for them)
Fees for other services
You can charge fees for other services such as producing a photo or show reel.
You have to put the terms and conditions for these in a separate document.
You need to give this to the performer, model or entertainment worker before providing these services.
You can’t make using other services you provide a condition of you finding work for someone.
You can’t charge fees until 30 days after the start of the contract for these services. The performer, model or entertainment worker can cancel within these 30 days and won’t have to pay you anything.